Every state determines its own statute of limitations for wrongful death lawsuits. The statute of limitations refers to the time period in which a legal action may be pursued, including civil suits. Understanding the statute of limitations for wrongful death in New Jersey requires knowledge about the cause of death and your relationship to the deceased.
New Jersey’s Statute of Limitations on Wrongful Death
In the state of New Jersey, the plaintiff has two years from date of death to file a lawsuit. However, there may be exceptions to this timeline. An attorney will be able to guide you on the what steps you need to take and when.
Why Does the Manner of Death Matter?
The state of New Jersey recognizes three general incidents that may cause a wrongful death:
- Medical malpractice
- Negligence
- Intentional actions
Negligence, in this case, can involve car accidents or other accidents in which a party was at fault, but did not commit the act on purpose. Medical malpractice must involve a health care provider.
Intentional actions include crimes such as murder or manslaughter. If the defendant has been found guilty of such a crime, or not guilty due to insanity, you may file a lawsuit long after the typical two-year statute of limitations.
What is the Difference Between Personal Injury and Wrongful Death?
Both negligence and medical malpractice can result in personal injury lawsuits when both parties survive, while a wrongful death lawsuit may occur when you have lost a loved one.
What to Know About New Jersey Statute of Limitation for Wrongful Death?
While you have a maximum of two years to file a lawsuit as a plaintiff in a wrongful death lawsuit, beginning the process as soon as possible will benefit you. The healing process as you grieve for your loved one may only begin once you seek justice for their untimely death.
Dealing with the loss of a loved one is already overwhelming. Navigating the legal complexities of a wrongful death claim can make your situation that much more difficult. The attorneys at Glugeth & Pierguidi can help. Contact us today for a free consultation.
David Pierguidi and Jared Glugeth understand how hard it may be for you and your family following an accident resulting from someone’s negligent actions. Get the medical treatment you need right away and then call our law firm at any time of day for answers to your questions.
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